Background: Plaintiff, Raymond Bartoe ("Seaman") filed suit under the Jones Act and general maritime law. He sought to recover damages and maintenance and cure for injuries he sustained while employed by defendant, Missouri Barge Line Co. ("Employer"). 

Seaman alleged that he slipped on ice while working as a deckhand aboard the harbor tug, the M/V Coal Express.  He filed suit under the above-mentioned claims.

Employer asserted the "primary duty doctrine" as a defense. This would bar seaman from recovery as he had the duty to clear the ice upon which he slipped.

Seaman moved to strike the employer's defense.

Issue: Whether the Court will grant or deny seaman's motion to strike.

Held:

The Court denied the motion.

It was necessary the Court look at the seaman's injuries to make their final ruling. However, in a motion to strike, the Court will not consider evidence that is outside the pleadings. Thus, if the motion to strike were granted, only the "primary duty doctrine" would be considered.  Here, the Court needed the evidence of seaman's injuries.

Thus, the motion to strike is denied.

Significance:

Motions to strike are viewed with disfavor by the Court and are infrequently granted. 

Typically, the Court finds the motion presents a question of law or fact, which they ought to hear. Thus, they will deny the motion to strike.

Steve Gordon
http://www.offshoreinjuries.com